E-3 visa is a new visa category only for Australians going to the US to work. E-3 visa holder can work in US indefinitely upon renew each 2 years. It is easy to get and no cost to the employer. Australian to be employed in US must apply for employment visa.
There are two ways to do this.
Way 1 - Through a Staffing Agent
The US employer establishes a “corp to corp” relationship with a staffing company, such as PGC Group (http://thepgcgroup.com/). The staffing company then sponsors the E-3 visa application and establishes the employment relationship with the Australian who is seeking the employment.
Way 2 - Direct Hire
The US employer directly hires the Australian who is seeking the employment, and sponsors his/her E-3 visa application. Sponsoring is easy and no cost.
What Does US Sponsor Need To Do?
1.
File a Labor Condition Application (LCA) online with Department of Labor (DOL), at no fee. US Government website to file online LCA is http://icert.doleta.gov/. Please note, the LCA application form (ETA Form 9035) is designed for both H1-B and E-3 programs. The paper ETA Form 9035 is located at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9035_2009_Revised.pdf.
2.
An attestation letter to address the wages and working conditions. It is necessary to state this position requires either a theoretical and practical application of a body of specialized knowledge, or the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into this field in the US. This letter will be used as supportive document for visa application.
File a Labor Condition Application (LCA) online with Department of Labor (DOL), at no fee. US Government website to file online LCA is http://icert.doleta.gov/. Please note, the LCA application form (ETA Form 9035) is designed for both H1-B and E-3 programs. The paper ETA Form 9035 is located at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9035_2009_Revised.pdf.
2.
An attestation letter to address the wages and working conditions. It is necessary to state this position requires either a theoretical and practical application of a body of specialized knowledge, or the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into this field in the US. This letter will be used as supportive document for visa application.
E-3 Visa Questions and Answers
What is an E-3 visa?
The E-3 is a new visa category only for Australians going to the US to work. E-3 visa holder can work in US indefinitely upon renew each 2 years.
How long does it take to apply?
It depends on when you can make an appointment with US Consulate. Usually visa issued within 3 days after interview.
Does a petition needed to the Department of Homeland Security (DHS)?
United States-based employer is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance.
What does US employer need to do?
A US-based employer that wants to sponsor for an E-3 visa must obtain a Labor Condition Application (LCA) from the US Department of Labor. The potential employer must also provide visa applicant with a job letter that establishes that he/she will be engaged in professional work. Unlike most other temporary employment visas the US-based employer does not need to submit a petition for pre-approval to the USCIS.
What is the cost to US employer?
No cost to the employer as the only form the employer has to file is a Labor Condition Application (LCA) on form 9035/9035E to the Department of Labor (DOL). There is no cost to file this form. The procedure is so simply, there is no need to engage an attorney.
What are the benefits of the E-3 visa?
The benefits of the E-3 visa include:
- Unlike most other temporary employment visas, E-3 visa sponsor/employer does not need to submit a petition to the USCIS. This makes the E-3 visa preferable to the H-1B because the visa applicant does not need a petition approved by the USCIS prior to applying for an E-3 visa stamp at a US consulate.
- No cost to the employer as the only form the employer has to file is a Labor Condition Application (LCA) on form 9035/9035E to the Department of Labor (DOL). There is no cost to file this form and approval can be received very quickly in a matter of a few days or less. This form is also very short and simple to fill out. With the H1B visa, the costs are heavy for filing a petition.
- The application process for the E-3 visa is relatively easy when compared to the H-1B visa. It is generally assumed that E-3 visa will be issued within 3 days of the interview at the US Consulate.
- There is no limitation on the number of years the E-3 visa holder remains in E-3 status.
- The visa application can be made at any time of the year and the E-3 visa applicant is able to commence work at any time of the year. With the H1B visa, filing a petition can only be done at certain times of the year and the employee can only commence work at a certain time each year.
- Extensions of an E-3 visa will not be counted against the annual E-3 visa cap.
- Spouses of E-3 visa holders can apply for employment authorization and work in the US.
How long is the E-3 visa valid?
The validity of the visa is 2 years. This validity can be renewed indefinitely.
If E-3 visa granted, how long before start job can E-3 visa holder enters the US?
E-3 visa holder can enter the US up to 10 days before start his/her job.
Can E-3 visa holder travels outside the US while on E-3 visa?
Yes. The E-3 visa is a multiple-entry visa, so the E-3 visa holder may travel outside the US and reenter on a valid, unexpired E-3 visa.
Is there a limit to the number of E-3 visas?
Yes, there will be a maximum of 10,500 E-3 visas issued annually. Spouses and children of principal applicants do not count against the numerical limitations. However, this limitation usually does not serve its purpose because there is less number of Australians coming to work in US than original thought.
Difference between the E-3 and H-1B visa?
The major differences between the E-3 and H-1B visa are as follows:
The E-3 visa is renewable indefinitely (in two-year increments) whereas H-1B visa status is valid for only up to six years.
There are so many H-1B visa applications every year, which well exceeded the annual H-1B visa cap. While E-3 visa also has annual cap, it has never been used up.
What is official US Government website for E-3 Visa?
http://canberra.usembassy.gov/e3visa.html
What is official US Government website to file LCA?
The address for online filing is http://www.foreignlaborcert.doleta.gov/preh1bform.cfm.
Paper LCA application form is located at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9035_2009_Revised.pdf.
The E-3 is a new visa category only for Australians going to the US to work. E-3 visa holder can work in US indefinitely upon renew each 2 years.
How long does it take to apply?
It depends on when you can make an appointment with US Consulate. Usually visa issued within 3 days after interview.
Does a petition needed to the Department of Homeland Security (DHS)?
United States-based employer is not required to submit a petition to the Department of Homeland Security as a prerequisite for visa issuance.
What does US employer need to do?
A US-based employer that wants to sponsor for an E-3 visa must obtain a Labor Condition Application (LCA) from the US Department of Labor. The potential employer must also provide visa applicant with a job letter that establishes that he/she will be engaged in professional work. Unlike most other temporary employment visas the US-based employer does not need to submit a petition for pre-approval to the USCIS.
What is the cost to US employer?
No cost to the employer as the only form the employer has to file is a Labor Condition Application (LCA) on form 9035/9035E to the Department of Labor (DOL). There is no cost to file this form. The procedure is so simply, there is no need to engage an attorney.
What are the benefits of the E-3 visa?
The benefits of the E-3 visa include:
- Unlike most other temporary employment visas, E-3 visa sponsor/employer does not need to submit a petition to the USCIS. This makes the E-3 visa preferable to the H-1B because the visa applicant does not need a petition approved by the USCIS prior to applying for an E-3 visa stamp at a US consulate.
- No cost to the employer as the only form the employer has to file is a Labor Condition Application (LCA) on form 9035/9035E to the Department of Labor (DOL). There is no cost to file this form and approval can be received very quickly in a matter of a few days or less. This form is also very short and simple to fill out. With the H1B visa, the costs are heavy for filing a petition.
- The application process for the E-3 visa is relatively easy when compared to the H-1B visa. It is generally assumed that E-3 visa will be issued within 3 days of the interview at the US Consulate.
- There is no limitation on the number of years the E-3 visa holder remains in E-3 status.
- The visa application can be made at any time of the year and the E-3 visa applicant is able to commence work at any time of the year. With the H1B visa, filing a petition can only be done at certain times of the year and the employee can only commence work at a certain time each year.
- Extensions of an E-3 visa will not be counted against the annual E-3 visa cap.
- Spouses of E-3 visa holders can apply for employment authorization and work in the US.
How long is the E-3 visa valid?
The validity of the visa is 2 years. This validity can be renewed indefinitely.
If E-3 visa granted, how long before start job can E-3 visa holder enters the US?
E-3 visa holder can enter the US up to 10 days before start his/her job.
Can E-3 visa holder travels outside the US while on E-3 visa?
Yes. The E-3 visa is a multiple-entry visa, so the E-3 visa holder may travel outside the US and reenter on a valid, unexpired E-3 visa.
Is there a limit to the number of E-3 visas?
Yes, there will be a maximum of 10,500 E-3 visas issued annually. Spouses and children of principal applicants do not count against the numerical limitations. However, this limitation usually does not serve its purpose because there is less number of Australians coming to work in US than original thought.
Difference between the E-3 and H-1B visa?
The major differences between the E-3 and H-1B visa are as follows:
The E-3 visa is renewable indefinitely (in two-year increments) whereas H-1B visa status is valid for only up to six years.
There are so many H-1B visa applications every year, which well exceeded the annual H-1B visa cap. While E-3 visa also has annual cap, it has never been used up.
What is official US Government website for E-3 Visa?
http://canberra.usembassy.gov/e3visa.html
What is official US Government website to file LCA?
The address for online filing is http://www.foreignlaborcert.doleta.gov/preh1bform.cfm.
Paper LCA application form is located at http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9035_2009_Revised.pdf.
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